Atlantic County Contested Divorce Lawyer

If you are considering divorce, or if your spouse has already filed for divorce, there is a very good chance that you have a number of questions regarding what comes next. This is especially true if you and your spouse do not agree on important issues concerning your marriage, your finances, or your children. While many people hope their divorce will proceed smoothly, the reality is that disagreements are common, and in many cases, those disagreements can result in what is known as a contested divorce. If you’re in a contested divorce, please continue reading and contact a skilled Atlantic County divorce lawyer from the Law Office of Stephanie Albrecht-Pedrick, LLC for comprehensive representation today.

What is a Contested Divorce?

Simply put, a contested divorce is a divorce in which spouses cannot agree on one or more of the issues that must be resolved before the divorce can be finalized.

Many people assume that a divorce is only contested if the spouses disagree about everything. Fortunately, this is not the case. In reality, a divorce may be considered contested even if the parties agree on most issues but remain in disagreement regarding one significant matter. For example, a couple may agree on the division of most marital assets but disagree about alimony. Likewise, they may agree on financial matters but disagree regarding child custody or parenting time. Some of the most commonly contested issues in New Jersey divorces include:

• Child custody
• Parenting time
• Child support
• Alimony
• Division of marital assets
• Division of marital debt
• Ownership of the marital residence
• Retirement accounts and pensions
• Business ownership interests

Once a divorce becomes contested, the matter will generally proceed through the Family Part of the Superior Court of New Jersey. During this process, both parties will typically be required to provide extensive financial information and documentation. Courts need a complete picture of each spouse’s financial circumstances before making decisions regarding support obligations or the division of marital property.

Can You Still File a No-Fault Divorce if You’re in a Contested Divorce?

Yes, absolutely.

One of the most common misconceptions regarding contested divorce is that if spouses are fighting over certain issues, one spouse must accuse the other of wrongdoing to obtain the divorce. Fortunately, this is not how New Jersey divorce law works.

In New Jersey, a divorce may be both contested and no-fault at the same time.

The reason for this is relatively straightforward. The grounds for divorce and the issues being contested are two entirely separate matters. While spouses may disagree regarding custody, support, or property division, they may still agree that the marriage has simply broken down and cannot be repaired.

Currently, New Jersey recognizes several grounds for divorce, including no-fault grounds. The most commonly cited no-fault ground is irreconcilable differences. Generally speaking, irreconcilable differences refer to a breakdown of the marriage that has lasted for at least six months and leaves no reasonable prospect of reconciliation.

For example, a husband and wife may both agree that their marriage has ended because of irreconcilable differences. However, they may strongly disagree regarding:

• How much alimony should be paid
• Which parent should have primary residential custody
• How parenting time should be structured
• How retirement accounts should be divided
• Whether one spouse should keep the marital home

In this situation, the divorce would still be considered contested even though neither spouse is alleging fault grounds.

New Jersey law does permit fault-based divorces under certain circumstances, including adultery and extreme cruelty. That being said, many people choose to pursue a no-fault divorce because doing so often allows them to focus on resolving the practical issues associated with ending a marriage rather than spending time and resources litigating personal allegations that may have little impact on the final outcome of the case.

When is a Contested Divorce Resolved?

A contested divorce is resolved when all outstanding issues have either been settled by agreement between the parties or decided by the court.

Naturally, one of the first questions people ask is how long the process will take. Unfortunately, there is no universal answer. Every divorce is different, and some cases are significantly more complex than others. Generally speaking, the more issues the parties disagree on, the longer it may take to reach a final resolution.

In most cases, a contested divorce will proceed through several stages.

First, one spouse files a Complaint for Divorce. The other spouse then has an opportunity to respond. Once the issues have been identified, the parties enter what is known as the discovery process.

Discovery is often the longest stage of a contested divorce. During this process, both spouses exchange information and documents relating to their finances and other relevant issues. Courts frequently review materials such as:

• Tax returns
• Pay stubs
• Bank account records
• Investment account statements
• Retirement account information
• Property records
• Business records

The purpose of discovery is to ensure that both parties have access to the information necessary to fairly evaluate the case.

After discovery, settlement negotiations often begin in earnest. In fact, many contested divorces are ultimately resolved through negotiation rather than trial. Sometimes the parties are able to work out their differences through discussions between attorneys. In other situations, mediation may help the parties reach an agreement outside of the courtroom.

Before a case proceeds to trial, New Jersey courts frequently require participation in an Intensive Settlement Conference. These conferences are designed to encourage resolution and help the parties avoid the time and expense associated with litigation. Fortunately, many contested divorces are successfully resolved during this stage of the process and don’t have to proceed to litigation, which can be costly and time-consuming.

If settlement efforts are unsuccessful, the matter may proceed to trial. At trial, both parties have the opportunity to present evidence, testify, call witnesses, and submit documents supporting their positions. Once all evidence has been presented, the judge will make decisions regarding any unresolved issues. At this stage, it’s paramount that you have an experienced contested divorce lawyer in your corner who can advocate for your interests and make a persuasive case on your behalf.

Eventually, after all matters have been resolved, the court will issue a Final Judgment of Divorce. This document officially dissolves the marriage and sets forth the terms governing matters such as custody, child support, alimony, and equitable distribution.

Contact a Contested Divorce Lawyer in Atlantic County, New Jersey

The bottom line is that a contested divorce can affect virtually every aspect of your future. For this reason, you need an experienced Atlantic County contested divorce lawyer in your corner who can work toward the best possible outcome on your behalf. Contact the Law Office of Stephanie Albrecht-Pedrick, LLC for an initial consultation today so we can discuss your case and begin building a comprehensive strategy on your behalf.